Archive for the ‘Fourth Amendment’ Category

How Far Can Law Enforcement Go When Gathering Email Evidence? Former Gov. Scott Walker Employee Files Petition for Writ of Certiorari

By Kasey Wang – Edited by Ariane Moss

Kelly Rindfleisch is serving a six-month sentence for misconduct in public office while working for then-County Executive Scott Walker. Rindfleisch appeals to the U.S. Supreme Court, claiming that the government violated her Fourth Amendment rights while searching her emails for evidence for a different case.

Wikimedia Foundation filed a suit against the NSA challenging the constitutionality of upstream surveillance programs, which allow the NSA to communicate by Americans and persons abroad. The claim, which was joined by eight other human rights organizations, challenges NSA’s actions as violations of the First and Fourth Amendments of the US Constitution.

ACLU and EFF Protest the Constitutionality of Williamson County Schools’ Technology Policy

By Michelle Goldring – Edited by Jesse Goodwin

The ACLU of Tennessee and EFF wrote a letter to the superintendent and board of Williamson County Schools in response to its new technology policy. The letter raises concerns about portions of the policy that would limit students’ right to freely use social media even when outside the school and would permit students’ devices to be searched with few restrictions, in violation of students’ First and Fourth Amendment rights.

SDNY Magistrate Grants Government Search Warrant for Full Access to Suspect’s Gmail Account in Criminal Investigation

By Kellen Wittkop – Edited by Travis West

In an opinion that conflicts with decisions from the DC District Court and the District of Kansas, a SDNY magistrate granted the government’s search warrant for full access to a criminal investigation suspect’s Gmail account.

The PCLOB’s Recommendations for a More Reasonable Surveillance Program
By Max Kwon – Edited by Sarah O’Loughlin

The PCLOB issued a report analyzing the legal and policy implications of Section 702 of the FISA. The Board issued recommendations addressing various concerns, such as targeting and tasking, U.S. person queries, and upstream and “about” collection. Although the Board unanimously concluded that the core program of Section 702 is both reasonable and valuable, the report appears to be largely condemned by civil liberties advocates and scholars.